STEWART v. WHITEHURST

[No. 260, September Term, 1972.]

268 Md. 589 (1973)

303 A.2d 393

STEWART, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT LEROY STEWART v. WHITEHURST ET UX.

Court of Appeals of Maryland.

Decided April 24, 1973.


Attorney(s) appearing for the Case

Rolland G. Lamensdorf, with whom was Coleman L. Diamond on the brief, for appellant.

F. Robert Troll, Jr., with whom were Michael G. Trainer and Duckett, Orem, Christie & Beckett on the brief, for appellees.

The cause was argued before MURPHY, C.J., and McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.


SINGLEY, J., delivered the opinion of the Court.

In this appeal from the Circuit Court for Montgomery County, sitting as the Orphans' Court, the result reached was eminently correct, but not for the reason relied upon below.

Robert L. Stewart died domiciled in Montgomery County on 4 March 1971, leaving a will dated 20 August 1951, by which the residue of his estate had been given and devised to his wife, Suzette Stewart, who had died on 13 July 1970, thus...

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